DR. NAZRUL ISLAM, IPS, SON OF LATE ABDUL AZIZ Vs. THE UNION OF INDIA SERVICE THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA AND ORS.

JUDGEMENT

(1.) ASSAILING the decision making process regarding empanelment for promotion to the rank of Director General of Police of Screening Committee and consequential decision empanelling five IPS officers for promotion excluding the applicant by its minutes dated 5.12.2012 and appointment of those officers, this application has been filed by the applicant, Dr. Nazrul Islam. It is the case of the applicant that his candidature has not been considered by a legal and valid screening committee in just and fair manner, on breach of promotional Administrative/Executive Instruction on violation of Article 14 and 16 of the Constitution of India, IPS (Pay) Rule of 2007 and (PAR) Rule, 2007. The constitution of screening committee due to inclusion of two outsiders out of four members of the screening committee in decision making adjudicatory field resulting entire decision making process and decision vitiated is major challenge. The further point urged is that the ACRs, which now has been renamed as Performance Appraisal Report for brevity termed as PAR, for the last five years, namely of the 5 year band of 2007 to 2012 was not considered in terms of administrative instructions and PAR Rule, providing procedural and substantial steps to determine the merit and suitability of the candidates concerned for promotion to the rank of Director General of Police in the State cadre of West Bengal. It is also the grievance that the decision making process was vitiated due to fixing the bench -mark to empanel a candidate fit for promotion in the rank of Director General of Police on the basis of three outstanding grades in the ACRs amongst last five years as under administrative instructions in the form of guidelines and principles for promotion vide G.O. dated 15.1.1999 there is no scope to identify such bench -mark and which categorically provides adjudging merit and suitability on the basis of overall grading by proper evaluation wherein ACR of the last five years would be one of the attributes of adjudging the suitability and merit of the candidates concerned but should not be sole attribute to test suitability and merit of the candidates. It is further grievance that non -communicated ACR grading on breach of law of the land under Article 141 of Constitution of India and non -consideration of 1st two years ACR of years 2011 -2012 and 2010 -2011 on basis of self -appraisal report as per Government order and PAR Rule to that effect. The impugned decision of the screening committee dated 5.12.2012 reads such :-

(2.) THEREFORE , the Committee examined the records and ACRs/PARs of a) Shri S. Jayraman, IPS (RR: 1977), b) Shri B.D. Sharma, IPS (RR: 1980), c) Shri Surender Singh, IPS (RR: 1980), d) Dr. Nazrul Islam, IPS (RR: 1981), e) Shri Vinoy Kumar, IPS (RR: 1981), f) Shri R.J.S. Nalwa, IPS (RR: 1982), g) Shri G.M. Prabhu R. Reddy, IPS (RR: 1982), h) Shri Anil Kumar, IPS (RR: 1982), i) Shri Raj Kanojia, IPS (RR: 1982) for empanelment of their names for promotion to the rank of DGP.

(3.) THE Committee made an assessment of the ACRs/PARs of remaining 6 (Six) officers. ACRs of Dr. Nazrul Islam for 2011 -2012 and 2010 -2011 years of Shri G.M. Prabhu R. Reddy and Shri Anil Kumar for 2011-2012 had not yet been received from the Borrowing Department/Authorities and thus were not available for assessment. Therefore, ACRs from 2005 -2006 to 2009 -10 (5 years) of Dr. Nazrul Islam were considered for the same. For Shri G.M. Prabhu R. Reddy and Shri Anil Kumar, ACR/PAR from 2006 -2007 to 2010 -2011 were considered. ACR/PAR for the years 2007 -2008 to 2011 -2012 for Shri Vijoy Kumar, Shri R.J.S. Nalwa and Shri Raj Kanojia were available on record and were duly considered.